DZASETSE EMMANUEL BOYE AND ASHONG ANUM V. HOTEL KUMBAYA & VENTURES

JUDGMENT

TANKO AMADU J.A

(1) This appeal lies from the ruling of the High Court (Land Division) Accra dated the 5^th day of June, 2015. The crucial issue for determination in the appeal is not novel. It turns on whether or not the Court below acted correctly when upon application by the Respondent herein, it proceeded to set aside the consent judgment of the parties founded on their terms of settlement.

(2) BACKGROUND FACTS:

The facts giving rise to this appeal are not in dispute. They have been adequately set out by the Trial Court in its ruling on appeal. For purposes of a better appreciation, I will set out the background facts in brief. In Suit No.FAL/95/10, at the Court below the Plaintiff/Appellant (hereinafter referred to in this judgment as the ‘Appellant’) sought to recover from the 1^st Defendant/Respondent the following reliefs:-

(i) Recovery of possession of land being part of the land covered by Land Title Certificate No.GA/22/409 trespassed by 1^st Defendant.

(ii) An order expung…